Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	baron_n	lord_n	master_n	2,584	5	7.0203	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54695	Tenenda non tollenda, or, The necessity of preserving tenures in capite and by knight-service which according to their first institution were, and are yet, a great part of the salus populi, and the safety and defence of the King, as well as of his people : together with a prospect of the very many mischiefs and inconveniences, which by the taking away or altering of those tenures, will inevitably happen to the King and his kingdomes / by Fabian Philipps ...	Philipps, Fabian, 1601-1690.	1660 (1660)	Wing P2019; ESTC R16070	141,615	292

themselves for their Allegiance to their King following of the Scripture their Consciences and the known Laws of the Land were notwithstanding their many Petitions and Importunities several years whilst their estates were Sequestred and taken from them kept in a starving Condition before they could be heard to litle purpose where Sons and too well descended to be so unworthy were invited to accuse their Loyal Aged Parents whom the Jewes would have rent their Clothes to have seen encouraged and made to be sharers in the spoyl of their Father Not like the Committee or Court improperly called at Salters-Hall for relief of Creditors against their imprisoned Debtors where some of those Judges and Committees if not wronged by printed Complaints were in good hopes to have made some preparations to sell the Debtors Lands to their Friends or Kindred at good Penniworths Nor like the Committee for Plundring rather than Plundred Ministers who to take away all the Benefices of England and Wales from the Tribe of Levi and confer them upon the Tribe of Issachar and their Factious and Mechanique guifted Brethren and keep out the Orthodox and learned Clergy could make their costly orders for the trial of them that were more Learned then themselves concerning the Grace of God and their utterance for Preaching of the Gospel with private and deceitful marks and litle close couched or interposed Letters hid or put under or over some other Letters whereby to intimate to their Subcommittees in the Countries that howsoever the men were without exception and found to be so upon Certificates and Examination they were to be delayed and sent from Post to Pillar and tired bo●h in their Bodies and Purses and be sure never to be instituted and inducted But was a Court compos'd of grave learned knowing and worthy Masters of the Wards such as William Marquesse of Winchester William Lord Burghley and his Son the Earl of Salisbury and many other who made not the Court or any of the businesse thereof to Lacquy after their own Interest Had for Attorney Generalls of that Court who sate as men of Law and Judges therein and assistants to the Masters of the Wards Richard Onslow Esq afterwards Speaker of the House of Commons Sr. Nicholas Bacon Knight afterwards a most learned Lord keeper of the great Seal of England and a great Councellor of Estate to Queen Elizabeth Sr. Henry Hobart afterwards Lord cheif Justice of the Court of Common-pleas Sr. James Ley Knight and Baronet afterwards Lord cheif Justice of the Court of Kings Bench after that Earl of Marleborough and Lord Treasurer of England Sr. Henry Calthrop Knight Sr. Rowland Wandesford Knight and Sr. Orlando Bridgeman Kt. now Lord Chief Justice of the Court of Common pleas all very eminently learned Lawyers and of great estates honour honesty and worth in their several generations who upon any difficult or weighty matter of Law to be discussed in that Court did usually intreat the presence and had the assistance of the Lord cheif Justices Lord cheif Baron or of any of the other learned Judges of the Land whom they should please to invite unto them where a variety of learning grave deliberations a great care of Justice and right reason most lively and clearly represented have left to posterity as guides and directions for after ages those conclusions and resolutions of cases of great learning and weight in that Court reported by the Lord Dier Cook and other learned Sages of the Law Nor were the Masters of the Wards Attorneys Auditors or Escheators loosely tied by Oaths as some of the Committee Jurisdictions were when they did swear only in general faithfully according to their best skill and knowledge to discharge the trust committed to them and would not for favour or affection reward or gift or hopes of reward or gift break the same Or as little restraining them from Acts of Oppression or Injustice as the Oath of the Controlers for the sale of the Kings and Queens lands ordered by that which called it self a Parliament 17. July 1649. The Oath of the Commissioners for managing the estates of Delinquents Sequestrations at Haberdashers-Hall Ordered by no better an Authority the 15 of April 1650. or that which by that which would be called an Act of Parliament of the 10 of December 1650. for establishing an high Court of Justice within the Counties of Norfforlk Suffolk Cambridge and Huntington for the Tryal of Delinquents was only ordered was to be taken by those that were to be the Judges that they should well and truly according to the best of their skill and knowledge execute the several powers given unto them Which bound them not from doing wrong to those whom they made to bear the burdens of all the cruelties which they could possibly lay upon them But were compassed and hedged in by Oaths as warily restraining as they were legal for the Master of the Wards was by Act of Parliament enjoyned to swear to minister Justice to Rich ond Poor to the best of his cunning and power to take no gift or reward in any Case depending before him and to deliver with speed such as shall have to do before him The Attorney was sworn truely to counsel the King and the Master of the Court and with all speed and diligence to endeavour the hearing and determination indifferently of such matters and causes as shall depend before the Master of the Wards and shall not take any gift or reward in any matter or cause depending in the same Court The Auditors sworn to make a true allowance in their Offices to every person which shall be accomptant before them and not to take or recieve of Poor or Rich any gift or reward in any matter or cause depending or to be discussed in the Court but such as shall be ordinarily appertaining to their Offices and the Escheators to treat all the people in their ●ayliwicks truely and righteously to do right to every man aswell to poor as to rich do no wrong to any man neither for promise love nor hate nor no mans right disturb do nothing whereby right may be disturbed letted or delayed and shall take their Enquests in open places and not privy And might better content the people Then when in former ages the Wardships and their disposing were left to the care and order of the Chancellour as to Thomas B●cket in H. 2. time or to Hubert de Burgh Chief-Justice and Earl of Kent in the Reign of H. 3. sometimes to the Treasurers or Chamberlains most comonly let to farm by Escheators sometimes by under-Sherifs or when the next Wardships or Escheats that should happen were before hand assigned towards the payment of some of the Kings Debts as to William de Valence Earl of Pembroke in the Reign of E. 1. or that the Wardships and Escheats which should happen in 6 or 7. Counties were before hand granted to some particular man And can

shillings for a whole Knights Fee and after that rate proportionably ibm 35. If the Guardian maketh a Feoffement of the Wards Lands he shall have a Writ of Novel disseisin and upon recovery the Seisin shall be delivered to the next friend and the Guardian shall loose the Wardship 3. E. 1. ca. 47. Usurpation of a Church during the minority of the Heir shall not prejudice him 13 E. 1.5 Admeasurement of Dower shall be granted to a Guardian and the Heir shall not be barred by the suite of the Guardian if there be collusion 13 E. 1.7 Next Friends shall be permitted to sue if the Heir be ●loyned 13 E. 1.15 If part of the Lands be sold the services shall be apportioned Westmr. 3.2 Escheators shall commit no waste in Wards Lands 28 E. 1 18. If Lands without cause be seised by the Escheator the Issues and Mesne profits shall be restored 21 E. 1.19 where it is found by Inquest that Lands are not holden of the King the Escheator shall without delay return the possession Stat de Escheatoribus 29 E. 1. Escheators shall have sufficient in the places where they Minister to answer the King and his People if any shall complain 4 E 3.9.5 E. 3 4. Shall be chosen by the Chancelour Treasurer and chief Baron taking unto them the chief Justices of the one bench and the other if they be present and no Escheator shall tarry in his office above a year 14 E. 3.8 A Ward shall have an action of waste against his Guardian and Escheators shall make no waste in the Lands of the Kings wards 14 E. 3 13. Aid to make the Kings Son a Knight or to marry his Daughter shall be in no other manner then according to the Statute thereof formerly made 25 E. 3 11. Traverses of offices found before Escheators upon dyings seised or alienations without licence shall be tried in the Kings Bench 34 E. 3 14. An Escheator shall have no Pec of wood fish or venison out of the wards Lands 38 E. 3 13. An Idempnitate nominis shall be granted of another mans Lands seised by an Escheator 37 E 1.2 No Escheator shall be made unless he haue twenty pounds Land per annum or more in Fee and they shall execute their offices in proper person the Chancellor shall make Escheators without any Gift or Brokage and shall make them of the most lawful men and sufficient 12 R. 2.2 An Escheator or Commissioner shall take no Inquest but by such persons as shall be retorned by the Sheriff they shall retorn the offices found before them and the Lands shall be let to farm to him that tendereth a Traverse to the office 8 H. 6.16 Inquisitions shall be taken by Escheators in good Towns and open places and they shall not take above forty Shillings for finding an office under the penalty of forty pounds 23 H. 6 17. Women at the age of fourteen years at the time of the death of their Ancestors without question or difficulty shall have Livery of their Lands 39 H. 6.2 No office shall be retorned into any of the Kings Courts by any Escheator or Commissioner but which is found by a Jury and none to be an Escheator who hath not forty markes per annum above all reprises the Jurors to have Land of the yearly value of forty shillings within the Shire the Forman of the Jury shall keep the Counter part of the Inquisition and the Escheator must receive the Inquisition found by the Iury as also the offices or Inquisitions shall be received in the Chancery and Exchequer 1 H. 8 ca. 8. Lands shall be l●t to farme to him that offereth to traverse the office before the offices or Inquests retorned or within three Months after 1 H. 8 ca. 10. the respite of Homage of Lands not exceeding five pounds per Annum to be but eight pence the yearly value of Lands not exceeding twenty pounds per annum to be taken as it is found in the Inquisition except it by examination otherwise appear to the Master of the Wards Surveyer Atturney or Receiver General or three of them or that it shall otherwise appear and be declared in any of the Kings Courts No Escheator shall sit virtute officii where the Lands be five pounds per annum or above the Escheator shall take for finding of an office not exceeding five pounds per annum but six Shillings eight pence for his Fee and for the writing of the office three Shillings four pence for the charges of the Jury three Shillings and for the officers and Ministers of any Court that shall receive the same Record two shillings upon pain of five pounds to the Escheator for every time so offending the Master and Court shall have power to moderate any Fines or Recognisances 33 H 8.22 The Heir of Lands not exceeding five pounds per annum may sue his General Livery by warrant only out of the Court of wards although there be no Inquisition or office found or certified The Interest of every lesser Tenant for Term of years Copy-holder or other person having interest in any Lands found in any office or Inquisition shall be saved though they be not found by office The Heir upon an aetate probanda shall have an oust●e le maines and the profits of his Lands from the time that he comes to age and if any office be untruely found a Traverse shall be allowed or a Monstrans de Droit without being driven to any petition of right though the King be entitled by a double matter of Record A Traverse to an office shall be allowed where a wrong Tenure is found an ignoramus ●ound of a Tenure shall not be taken to be any Tenure in Capite and upon a Traverse a Scire facias shall be awarded against the Kings Patentee 2 and 3 E 6. ca. 8. And if there had been any certain or common grievances or so much as a likelyhood of any to have risen or happened by such Tenures and benefits which many were the better for and had no reason at all to find fault with w ch many more were striving to deserve of the Kings of England the Nobility great men of this Kingdom the Parliaments that have been ever since the 8 th year of the reign of H. 3. would not have made so many Acts of Parliament for their establishment or tending to their preservation if we should believe as it cannot be well denyed that Parliaments have been sometimes mistaken and enacted that which they have afterwards thought fit to repeal Yet it comes not within the virge or compass of any probability that Parliaments where all grievances are most commonly represented should for almost four hundred years together in a succession of many Kings Parliaments enact or continue grievances instead of remedies neither find those Tenures to be inconvenient or not fit to be continued or so much as complain of them but as if they were blessings of a